Questions about VA-NC colonial wills-#1

+2 votes
239 views
I actually have 3 questions which I will post separately so as not to overwhelm anyone.

I'm reviewing "hidden data" in some wills, land records and other court transactions in the mid-1700s in Virginia, with a later move to North Carolina. I want to clarify the "rules" with these court entries which sometimes give information "between the lines"...what I call hidden data.  Could some of you who know the rules and procedures jump in on these questions?

#1.  What age does a young man have to be to witness someone's will?  To serve as an executor of a will? To register land for himself whether a deed of gift or warrant etc?  I'm trying find the earliest date where I can pinpoint a particular age.  The time frame would be court records between 1730 1780.

Are these legal ages different in Virginia vs North Carolina?
in Genealogy Help by Robyn Adair G2G6 Mach 1 (19.0k points)
I don't think you can easily pinpoint an age because, at least in theory, a male over age 14 could do any of those things, even though still a minor or "infant."  I have seen some wills that named a minor son as executor but then also said he should rely on his mother or some other adult for advice and counsel.   A 14-year old couldn't sign an enforceable contract (not until age 21) so generally couldn't by or sell land, but could inherit and thus obtain a patent.  Males between 14 and 21 needed a legal guardian, although they could say who they wanted, so if you think someone was under 21 I would look for guardianship records.  

I think both Virginia and North Carolina followed British Common Law until the Revolutionary War.

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